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					UNOFFICIAL COPY AS OF 05/21/10                            09 REG. SESS.        09 RS BR 1271



       AN ACT relating to school calendars and declaring an emergency.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:
       Section 1. KRS 158.070 is amended to read as follows:

(1)    The minimum school term shall be one hundred eighty-five (185) days, including

       no less than the equivalent of one hundred seventy-five (175) six (6) hour

       instructional days. A board of education may extend its term beyond the minimum

       term.

(2)    The local board of education, upon recommendation of the local school district
       superintendent, shall adopt a school calendar for the upcoming school year that

       establishes the opening and closing dates of the school term, beginning and ending

       dates of each school month, instructional days, and days on which schools shall be

       dismissed. The local board may schedule days for breaks in the school calendar that

       shall not be counted as a part of the minimum school term.

(3)    Any local board of education operating its schools on a year-round school program

       basis shall conform with administrative regulations promulgated and adopted by the

       Kentucky Board of Education upon the recommendation of the commissioner of

       education, which regulations must be in conformity with the following criteria:

       (a)     The year-round school program shall be operated on a fiscal year beginning

               July 1 and ending June 30;

       (b)     A pupil's required attendance in school shall be for at least the minimum

               instructional term; and

       (c)     No teacher shall be required to teach more than the minimum term during the

               school year.

(4)    (a)     Each local board of education shall use four (4) days of the minimum school

               term for professional development and collegial planning activities for the
               professional staff without the presence of pupils pursuant to the requirements

               of KRS 156.095. At the discretion of the superintendent, one (1) day of

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               professional development may be used for district-wide activities and for

               training that is mandated by federal or state law. The use of three (3) days

               shall be planned by each school council, except that the district is encouraged

               to provide technical assistance and leadership to school councils to maximize

               existing resources and to encourage shared planning.

       (b)     A local board may approve a school's flexible professional development plan

               that permits teachers or other certified personnel within a school to participate

               in professional development activities outside the days scheduled in the school
               calendar or the regularly scheduled hours in the school work day and receive

               credit towards the four (4) day professional development requirement within

               the minimum one hundred eighty-five (185) days that a teacher shall be

               employed.

               1.   A flexible schedule option shall be reflected in the school's professional

                    development component within the school improvement plan or

                    consolidated plan and approved by the local board. Credit for approved

                    professional development activities may be accumulated in periods of

                    time other than full day segments.

               2.   No teacher or administrator shall be permitted to count participation in a

                    professional development activity under the flexible schedule option

                    unless the activity is related to the teacher's classroom assignment and

                    content area, or the administrator's job requirements, or is required by

                    the school improvement or consolidated plan, or is tied to the teacher's

                    or the administrator's individual growth plan. The supervisor shall give

                    prior approval and shall monitor compliance with the requirements of

                    this paragraph. In the case of teachers, a professional development
                    committee or the school council by council policy may be responsible

                    for reviewing requests for approval.

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       (c)     The local board of each school district may use up to a maximum of four (4)

               days of the minimum school term for holidays; provided, however, any

               holiday which occurs on Saturday may be observed on the preceding Friday.

       (d)     Each local board may use two (2) days for planning activities without the

               presence of pupils.

       (e)     Each local board may use the number of days deemed necessary for:

               1.    National or state disaster or mourning when proclaimed by the President

                     of the United States or the Governor of the Commonwealth of
                     Kentucky;

               2.    Local disaster which would endanger the health or safety of children;

                     and

               3.    Mourning when so designated by the local board of education and

                     approved by the Kentucky Board of Education upon recommendation of

                     the commissioner of education.

(5)    (a)     The Kentucky Board of Education, upon recommendation of the

               commissioner of education, shall adopt administrative regulations governing

               the use of school days, including days missed from the regular school day as a

               result of local disaster, as defined in subsection (4)(e)2. of this section, and

               regulations setting forth the guidelines and procedures to be observed for the

               approval of the days utilized for the opening and closing of school and the

               days utilized for professional development and planning activities for the

               professional staff.

       (b)     Based on a request and justification by a local board of education, the

               Kentucky Board of Education may approve exceptions to its administrative

               regulations promulgated under paragraph (a) of this subsection and
               pursuant to KRS 158.060(3) if an emergency declaration as a federal

               disaster area is issued for the county in which the local board is located or

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               for the entire state of Kentucky.
(6)    (a)     In setting the school calendar, school may be closed for two (2) consecutive

               days for the purpose of permitting professional school employees to attend

               statewide professional meetings. These two (2) days for statewide professional

               meetings may be scheduled to begin with the first Thursday after Easter, or

               upon request of the statewide professional education association having the

               largest paid membership, the commissioner of education may designate

               alternate dates. If schools are scheduled to operate during days designated for
               the statewide professional meeting, the school district shall permit teachers

               who are delegates to attend as compensated professional leave time and shall

               employ substitute teachers in their absence. The commissioner of education

               shall designate one (1) additional day during the school year when schools

               shall be closed to permit professional school employees to participate in

               regional or district professional meetings. These three (3) days so designated

               for attendance at professional meetings shall not be counted as a part of the

               minimum school term. School shall be closed on the day of a regular election

               and on the day of a primary election, and those days may be used for

               professional development activities, professional meetings, or parent-teacher

               conferences.

       (b)     All schools shall be closed on the third Monday of January in observance of

               the birthday of Martin Luther King, Jr. Districts may:

               1.   Designate the day as one (1) of the four (4) holidays permitted under

                    subsection (4)(c) of this section; or

               2.   Not include the day in the minimum school term specified in subsection

                    (1) of this section.
(7)    Students applying for excused absence for attendance at the Kentucky State Fair

       shall be granted one (1) day of excused absence.

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(8)    Schools shall provide continuing education for those students who are determined

       to need additional time to achieve the outcomes defined in KRS 158.6451, and

       schools shall not be limited to the minimum school term in providing this

       education. Continuing education time may include extended days, extended weeks,

       or extended years. A local board of education may adopt a policy requiring its

       students to participate in continuing education. The local policy shall set out the

       conditions under which attendance will be required and any exceptions which are

       provided. The Kentucky Board of Education shall promulgate administrative
       regulations establishing criteria for the allotment of grants to local school districts

       and shall include criteria by which the commissioner of education may approve a

       district's request for a waiver to use an alternative service delivery option, including

       providing services during the school day on a limited basis. These grants shall be

       allotted to school districts to provide instructional programs for pupils who are

       identified as needing additional time to achieve the outcomes defined in KRS

       158.6451. A school district that has a school operating a model early reading

       program under KRS 158.792 may use a portion of its grant money as part of the

       matching funds to provide individualized or small group reading instruction to

       qualified students outside of the regular classroom during the school day.

(9)    Notwithstanding any other statute, each school term shall include no less than the

       equivalent of the minimum number of instructional days required by this section.

(10) Notwithstanding the provisions of KRS 158.060(3) and the provisions of subsection

       (1) of this section, a school district shall arrange bus schedules so that all buses

       arrive in sufficient time to provide breakfast prior to the instructional day. In the

       event of an unforeseen bus delay, the administrator of a school that participates in

       the Federal School Breakfast Program may authorize up to fifteen (15) minutes of
       the six (6) hour instructional day if necessary to provide the opportunity for children

       to eat breakfast not to exceed eight (8) times during the school year within a school

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       building.

(11) Notwithstanding any other statute to the contrary, the following provisions shall

       apply to a school district that misses school days due to emergencies, including

       weather-related emergencies:

       (a)     A certified school employee shall be considered to have fulfilled the minimum

               one hundred eighty-five (185) day contract with a school district under KRS

               157.350 and shall be given credit for the purpose of calculating service credit

               for retirement under KRS 161.500 for certified school personnel if:
               1.   State and local requirements under this section are met regarding the

                    equivalent of the number and length of instructional days, professional

                    development days, holidays, and days for planning activities without the

                    presence of pupils; and

               2.   The provisions of the district's school calendar to make up school days

                    missed due to any emergency, as approved by the Kentucky Department

                    of Education, including but not limited to a provision for additional

                    instructional time per day, are met.

       (b)     Additional time worked by a classified school employee shall be considered as

               equivalent time to be applied toward the employee's contract and calculation

               of service credit for classified employees under KRS 78.615 if:

               1.   The employee works for a school district with a school calendar

                    approved by the Kentucky Department of Education that contains a

                    provision that additional instructional time per day shall be used to make

                    up full days missed due to an emergency;

               2.   The employee's contract requires a minimum six (6) hour work day; and

               3.   The employee's job responsibilities and work day are extended when the
                    instructional time is extended for the purposes of making up time.

       (c)     Classified employees who are regularly scheduled to work less than six (6)

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               hours per day and who do not have additional work responsibilities as a result

               of lengthened instructional days shall be excluded from the provisions of this

               subsection. These employees may be assigned additional work responsibilities

               to make up service credit under KRS 78.615 that would be lost due to

               lengthened instructional days.

       Section 2. (1)          Whereas it has been necessary to close schools for numerous

days during the 2008-2009 school year due to the severe weather storm that occurred in

January and February, 2009, that included ice, snow, and flooding, resulting in power
failures, impassable roads, and communications failures , the commissioner of education,

notwithstanding any other statute or administrative regulation to the contrary or any other

provision of 2008 Ky. Acts ch. 127, shall approve a request from a local board of

education to waive the makeup for up to a maximum of seven (7) days of the required

instructional days that the district missed because of this disaster.

       (2)     School district certified and classified personnel shall make up any days

approved as disaster days by participating in instructional activities or professional

development or by being assigned additional work responsibilities.

       (3)     (a)   School district certified personnel employed full-time may use any

unused emergency leave days, as identified in KRS 161.152, and any unused personal

leave days, as identified in KRS 161.154, that are provided by the district board of

education to offset the make up days required in subsections (2) and (3) of this section if

consistent with district policy.

       (b)     School district classified personnel employed full-time in the district may use

any unused emergency leave days, as identified in KRS 161.152, that are provided by the

district board of education to offset the make up days required in subsections (2) and (3)

of this section if consistent with district policy.
       Section 3.       Whereas school districts must adjust the school schedule for the

remaining part of the school year, an emergency is declared to exist, and this Act takes

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effect upon its passage and approval by the Governor or upon its otherwise becoming a

law.




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